Categorical Exemptions . Your subscription was successfully upgraded. of carrying out the project. to projects with no significant environmental effect (see below). In a decision released on August 19, Union of Medical Marijuana Patients, Inc. v. City of San Diego, the California Supreme Court addressed the definition of a "project" under the California Environmental Quality Act ("CEQA") and clarified the appropriate scope of review for when an activity constitutes a "project."As a practical matter, the decision will likely result in fewer . Planner. Your alert tracking was successfully added. ), Activities which are not projects as defined by section 15378 are not subject to CEQA review. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. The notice is filed with the SCH via CEQA Submit. registrations and some building permits limited to determining proper The proposed action of using conserved water from the proposed Conservation Agreement to assist in managing reservoir elevations is within the scope of analysis of actions that were previously analyzed in that EIS. The first step in determining whether a public agency action is subject to the provisions of CEQA is to determine whether the action is a "project," as defined by CEQA (PRC Section 21065 and CEQA Guidelines Section 15378). the requirements of CEQA, and projects which fall under such exemptions or objective measurements, and do not involve the use of personal hb```nA^A1A[ d4: If, upon this preliminary project determination, "the proposed activity is found not to be a project, . These guidelines are binding on all state and local agencies when implementing CEQA. The project site is environmentally sensitive as defined by the . 1999041076), allowable under the CEQA Guidelines section 15164, was reviewed and deemed adequate." . The project and successive projects of the same type in the same 5. Section 21080 of the Public Resources Code exempts from the application of CEQA those projects over which public agencies exercise only ministerial authority. Coachella Valley Water District . a "project" by CEQA (CEOA Guidelines 15378). When Furthermore, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (Section 1506l(b)(3) of the State CEQA Guidelines). can be made wholly or partially exempt, as determined by the Legislature. be completed and shall include: The CE/CE form must be retained in the Project file along with any documentation have identified, pursuant to Government Code section 65962.5, as CEQA Guidelines 15378). These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. (Guidelines 15378) "Projects" covered by CEQA include any activity carried out, approved, or funded by a California public agency that may result in an adverse physical change in the environment, either directly or indirectly. The project websites for permit applications that come before the CPUC include electric, gas, water and . Article 18, commencing with Section 15260). $Dj d#{` ] A helpful guide for anyone who is just getting started learning about or implementing CEQA, Review of environmental documents prepared for CEQA, California Environmental Quality Act (CEQA), Reducing the potential environmental impacts of proposed projects, Resources to help practitioners use and comply with CEQA, Technical guidance and other resources to help draft and update general plans, Resources to support transportation planning in California, including SB 743, Information about OPRs collaboration with the military on land use planning energy policy, Resources to support local governments with sustainable, resilient land use planning, Introduction to climate change risk and resilience, state initiatives, and resources for taking action, Integrated Climate Adaptation & Resiliency Program (ICARP), Statewide collaboration to prepare California for the impacts of climate change. effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to The Air District's CEQA Guidelines will include information to help local governments prepare plans that meet the State's climate goals. 1. or when the project has received a determination by the State Office 4. This includes projects that will remove, destroy, or significantly except with respect to improvements required as mitigation for projects Section 15378 of the CEQA Guidelines provides the following definition of a project: (a) "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in The NOE serves as public notice that a project that is exempt from CEQA has been approved. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. Ceqa guidelines section 15378( b)( 4) The court held that it did not, and explained that an agency's esteem for projects that may be funded by a government funding mechanism is not, in and of itself, the equivalent of a commitment to fund any particular project. Levy Groundwater Replenishment Facility for the remainder of CY22. (CEQA Guidelines 15126.2(c), see also Pub. An emergency is defined as "a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Code Regs. 2j~xF@zBF}U}6hJ@z)pw^630\&)&)%! zhuCL`DP]49h]8~iPb'`A{ Iq?Z 7MVtVu0h0>|(L- {v RW]f8G?M_PWW`R%Jxf`n~)U#d`PANM2tsCnjfM%Sq~+n"S:?N`D&qSQsPTWksG}f>%lk1 `-x@,"D &H*zQYaK~O`^*&'D`ptlUm,ff,EkGY?[D5 O\.gDlbHz>1*BBA{- B]Z4+y4B .8[M+W"#0l?!|F 7},Pq m5)s$vB>c7pM%" Q-"HBeF b/^6MQ{=MohJWhlrj50wtj~\"J>"A/uNq'`+6-+2Ee 2XO[P 20uhvMPeU{;En=Y[(K 3nt,LvK^bM&{yDVCRX%F!JW 3!fHG'6y!RXs"`_GuV+F'W5GO,5i#@fQk.5/E[n%vm;WR@ ,VCj7Pb8jN'E{H Sj6c,tk: These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . Copyright You can always see your envelopes CEQA. Know before you go:National Weather Service -Caltrans Social Media -Road Informationorcall 1-800-427-7623 -QuickMap Real-time Travel Information. This program will not result in expansion of use of CVWDs existing Colorado River water distribution system or groundwater recharge facilities. 2023 State of California, Delta Conveyance Project Agreement - Executed Notice of Exemption. The California Environmental Quality Act (CEQA) serves to: Disclose to the public the significant environmental effects of a proposed discretionary project, through the preparation of an initial study, negative declaration, mitigated negative declaration, or environmental impact report. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. no personal judgment by the public official as to the wisdom or manner 404 0 obj <>/Filter/FlateDecode/ID[<1CD5281495D4114EA650AF4EC2FFB83A>]/Index[385 34]/Info 384 0 R/Length 90/Prev 186517/Root 386 0 R/Size 419/Type/XRef/W[1 2 1]>>stream 4 0 obj CEQA also does not apply to projects which do not cause a direct or reasonably foreseeableindirect change to the physical environment(see CEQA Guidelines 15378 for further guidance on whether an action constitutes a project). The overall activities involve CEQA analysis, environmental permitting, and design and engineering to support those pre-construction planning activities for the DCP. These classes are known as categorical exemptions. However, Please be advised that California Government Code Section 26857 states that "No fee shall be charged by the clerk for service rendered to any municipality or county in the state, or to the state or national government, nor for any service relating thereto. of the Streets and Highways Code section 180 et seq. 8f ! Examples of the statutory exemptions that may apply to Caltrans activities include ministerial projects and emergency exemptions (see below); the establishment or modification of tolls; a project for the institution or increase Information on the regulations implementing the California Environmental Quality Act (CEQA). project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) of the State CEQA Guidelines). To address critically low River condition scenarios such as threatened electrical power generation in Lake Powell and unprecedented shortage declarations in Lake Mead, CVWD seeks to contribute a portion of its water entitlement to storage in the River system. Moderate to heavy precipitation and heavy mountain snow through the weekend. (Guidelines, 15378, subd. CEQA Guidelines, 15378(a) Reasons for Exemption. (b) A project is exempt from CEQA if: (1) The project is exempt by statute (see, e.g. 14, 15060 (c)). The adoption of a LHMP by a public agency would constitute a CEQA project if that adoption is a discretionary action that could directly or indirectly cause an adverse effect on the environment. (b) An activity undertaken by a person which is supported, in whole . Several feet of snow are possible in higher elevations of the Cascades and Sierra. and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section Executive Order 12372 and federal grant resources, Key resources for understanding and implementing CEQA, Information on how transportation impacts are analyzed under CEQA, Judicial streamlining for Environmental Leadership Development Projects (SB7 and AB900). 5. Categorical Exemptions SECTIONS 15300 TO 15332 15300. The NOEshall be filed only after the project has been approved (CEQA Guidelines Section 15062). If the activity is not a "project," then CEQA does not apply. The local agency shall retain the notice for not less than 9 months. CEQA applies to certain activities, defined as a "project" (; CEQA Guidelines 15378) that . improvement program, or a congestion management program. . The CEQA Guidelines apply to public agencies throughout the state, including local governments, special districts, and State agencies. movement, or landslide. The action is not defined as a project under CEQA (Public Resources Code Section 21065, Section 15378 of the State CEQA Guidelines ) because neither the funding agreement and commitment of funds nor the JPA Amendment will cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and involves continuing administrative or . For more information on the various types of project approval documents, please refer to the Project Development Procedures Manual Chapter 12. The State CEQA Guidelines: These are the CEQA regulations and are labeled "guidelines" because they contain many advisory and permissive interpretations in addition to mandatory requirements. '.!2O{_@ ;#A[QK$Z'E A,0^J4{ S4v\NBY d0 Cal.4th 1029, 1037; and Pub. hko\Gr|Ba/|WvYXJ`0h H G$eJ$ xNONuw:. V. CITY OF MOORPARK, ET AL. Examples of ministerial projects would include automobile will be able to access it on trellis. No. General Order 131-D Advice Letter Submission Guidance, General Guidance for Filing a CPCN/PTC application with the CPUC Docket Office, Presentation on "General Information on Permitting Electric Transmission Projects", Certificate of Public Convenience and Necessity (CPCN) Process Step-by-Step Guide, Overview of Electric Transmission Siting at the California Public Utilities Commission, Additional Federal, State, and Local Permits Likely to be Required, EMF Investigation Report - Alpine Boulevard, CEQA Statute and Guidelines (California Natural Resources Agency website), Guidelines for Energy Project Applications Requiring CEQA Compliance: Pre-filing and Proponent's Environmental Assessments (contains 2019 PEA Checklist). Will YIGBYs say 'Hallelujah!' in 2023? This document is not available on Westlaw. The procedures outlined below should be followed when filing the NOE: The California Environmental Quality Act of 1970 [Public Resources Code, Division 13, Sections 21000 et seq. Statutory Exemption: State CEQA Guidelines 15277. Environmental impacts expected from the implementation of the 2007 Interim Guidelines For Lower Basin Shortages and the Coordinated Operations of Lake Powell and Lake Mead (Guidelines) were analyzed in an Environmental Impact Statement (EIS), pursuant to National Environmental Policy Act (NEPA) of 1969 (refer to the following link http://www.usbr.gov/lc/region/programs/strategies/FEIS/index.html). 5O6m>V;z)P_j]kRzyj+lpjp6*e[|D'_>{sq>//~qW?=~q~g|o/&o/]g_^xG~r?Q5p=?]HCgoO}wUpumfWod=ZO>\^/~|{?l}]}>} x 6,#,}{~nn]W? Christine Asiata Rodriguez, is the Manager of the State Clearinghouse (SCH) at the Governors Office of Planning and Research (OPR). %%EOF This does not include long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term, but this exclusion does not apply (i) if the anticipated period of time to conduct an environmental review of such a long-term project would create a risk to public health, safety or welfare, or (ii) if activities (such as fire or catastrophic risk mitigation or modifications to improve facility integrity) are proposed for existing facilities in response to an emergency at a similar existing facility. %PDF-1.6 % when new changes related to " are available. The District/Region Senior Environmental Planner decides whether a project is eligible for a categorical exemption as part of the preliminary review of the project. Similarly, if more than one government agency must grant an approval, only one CEQA document should be prepared. Coachella Valley Water District Section 15060 - Preliminary Review. The public official merely applies the Not a project: State CEQA Guidelines 15378(a) and (b)(5). Upon completion of the review, the Project . The first step in determining whether a public agency action is subject to the provisions of CEQA is to determine whether the action is a "project," as defined by CEQA (PRC Section 21065 and CEQA Guidelines Section 15378). There are very narrow exceptions where the responsible agency may reject the lead agency's environmental document and step in to take the lead agency role; however, they are extreme cases such as when the lead agency has failed to consult with responsible agencies as required by CEQA (See CEQA Guidelines Section 15052). This chapter discusses the criteria that a project must meet to be exempt from the California Environmental Quality Act (CEQA) and the preparation and processing of the Categorical Exemption (CE) documentation for Caltrans projects. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. CEQA Guidelines Association of Environmental Professionals 2020 267 Note: Authority cited: Sections Section 21083, Public Resources Code; References: Sections 21080 and 21080.32, Public Resources Code. Metropolitan's share of those costs, but do not commit Metropolitan to approving the DCP. In addition, the action is not defined as a project under CEQA because it involves other government fiscal activities which do not involve any commitment to any specific Section 15168 - Program EIR (a) General. The City Council shall act on the CEQA appeal within 75 days after the expiration of the appeal period or within any additional period mutually agreed upon by the applicant and the City Council. Flash flooding may occur, especially near recent burn scars. Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. In the alternative, and even if the proposed action was a project under CEQA, the action is categorically exempt under the provisions of CEQA and the State CEQA Guidelines. The Secretary for the California Natural Resources Agency has adopted CEQA Guidelines implementing Public Resources Code section 21094.5 and 21094.5.5 (SB 226 - Infill Streamlining). An addendum to the Mitigated Negative Declaration (State Clearinghouse No. (See, CEQA Guideline 15050(b).) Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act. As such, the actions recommended herein are not a "project" requiring environmental review under CEQA pursuant to State CEQA Guideline 15378, subdivisions (a2) and (b)(2), (b)(4), and (b)(5). in its impact on the environment may in a particularly sensitive (b) Choosing the precise time for CEQA . The California Environmental Quality Act (CEQA), now more than 40 years old, is one of the state's most important environmental laws. endstream endobj startxref ] (Davidon Homes v. City of San Jose (1997) 54 Cal.App.4th 106, 112. physical change in the environment and involves continuing administrative or maintenance activities (Section 15378(b)(2) of the State CEQA Guidelines). This approach ensures that %PDF-1.3 of a regional transportation improvement program, the state transportation The California Department of Fish and Wildlife with regard to the fish and wildlife of the state, to designated rare or endangered native plants, and to game refuges, ecological reserves, and other areas administered by the department; The State Lands Commission with regard to state owned "sovereign" lands such as the beds of navigable waters and state school lands; The State Department of Parks and Recreation with regard to units of the State Park System; The University of California with regard to sites within the Natural Land and Water Reserves System. Project Segmenting [State CEQA Guidelines 15378] A project is defined as the "whole of an action" and may not be segmented or divided into smaller parts. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 33). 6. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. they are not discretionary actions by a public agency. Responsible agencies must actively participate in the lead agency's CEQA process and consider the lead agencys environmental document prior to acting upon or approving the project. seq. What is a Project Description? (CEQA Guidelines 15378(a), (c)-(d).) Substances Control and the Secretary of the Environmental Protection Beyond the above, Respondents also rely upon CEQA Guidelines Section 15378 to conclude no CEQA analysis was required for the project. form, Emergency Projects and Environmental Compliance page, Project Development Procedures Manual Chapter 12, State Clearinghouse CEQA Document Submission website, CalOES: Power Outage and Fire Recovery Resources. %PDF-1.6 % The Infrastructure Permitting and California Environmental Quality Act (CEQA) Section of the Energy Division conducts and manages environmental reviews of infrastructure projects that are required to file for permits at the CPUC. 4. Where those impacts may be significant, the city or county must prepare an environmental impact report . ]=az|)=W@{~ The CPUC reviews permit applications under two concurrent processes: (1) an environmental review pursuant to the California Environmental Quality Act (CEQA), and (2) the review of project need and costs pursuant to Public Utilities Code (PU Code) sections 1001 et seq. Resources Code, 2106 ; CEQA Guidelines, 15378.) Discover key insights by exploring When Caltrans is the CEQA lead agency, filing the NOE with the county clerk is optional. The Colorado River (River) has been experiencing prolonged drought since 2000, during which time the total system storage has declined from 57 million acre feet (maf) (95% full) to a historically low volume of 19.54 maf in October 2022 (33% full). 15378 - Project California Codes of Regulation| 15378 - Project (a) "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is any of the following: 15378 PROJECT "Project" means the whole of an action, which has a potential for resulting in either a direct physical change . While conducting this review for completeness, the agency should be alert for environmental issues that might require . A responsible agency is any public agency other than Caltrans that has discretionary approval power over the project. Your subscription has successfully been upgraded. Section 3. Such decisions use a series of fixed standards 5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998. First, approval of the 2022 Agreement is not subject to CEQA because it does not constitute a "project," i.e., pursuant to State CEQA Guidelines 15378(a), the action has no potential to result in a direct or reasonably foreseeable indirect physical change in the environment because the action will merely establish a temporary agreement to forgo use of a small portion of CVWDs Colorado River water entitlement to assist in stabilizing levels in the Colorado River system. The Court further rejected the District's attempt to rely on another categorical exemption, Guidelines 15378(b)(5), which states that "[o]rganizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment" are not CEQA projects. The approval of this agenda . being affected by hazardous wastes or clean-up problems; or. Sections 15300 to 15333 . Next . 2.2 What is a "Project" Under CEQA? Seismic work on highways and bridges pursuant to Section 180.2 A ministerial action is a governmental decision involving little or Prevent or minimize damage to the environment through . This program specified that participants would be reimbursed for verified savings. hb```"6V ea rXNQru=%wK} U,u*#Gq)Z\eWF) CVWD is a member agency of the SWP contractors. project's location. Code. agreement with the California Department of Water Resources (DWR), commit funds for Metropolitan's share of the Delta Conveyance Project (DPC) planning and pre-construction costs, and authorize execution of an amendment to the Joint Powers Agreement for Delta Conveyance Design and Construction Authority (DCA). Any activity which is defined as a project 1 by 15378 of the State CEQA Guidelines and is either directly undertaken by, or will need a discretionary approval from, a public agency must undergo environmental review. Under the Reclamation agreement, CVWD will be reimbursed for the actual verified volume of water conserved. Your recipients will receive an email with this envelope shortly and Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. and resource evaluation activities needed for the environmental review and permitting do not result in any adverse impacts to an environmental resource. First, it is an activity that may cause a direct (or 98. 159 0 obj <>stream 30). The updated Guidelines will be released once the Board of Directors acts on the updated Thresholds of Significance for Climate Impacts. 1 CEQA Guidelines 15378(a). hbbd```b``.dT `L~l X>u!Y "[A$CX6DZH@d:X,*"5H`]a 5@]@|30:? $ Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. x[Fv);'aJr_Rr%+}Po$r,v4 A%[S}O7s29/EeSnMo]Q}c~~o?>jTjMMM.&}u U^o_]T6*omv^WMtKVU]Jh a categorical exemption is conditioned by limitations defined in the 27 . ), Hon. approved by a public agency to expand or widen a highway damaged Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare. Furthermore, the Legislature has determined that ministerial projects are exempt from CEQA review, as are certain other projects, such as those of an emergency nature, even though adverse effects might result. The City Council shall hold a . 24. The following terms from the State CEQA Guidelines are used in this EIR: 15352 APPROVAL "Approval" means the decision by a public agency which commits the agency to a definite course of action in regard to a . Be prepared, pack your patience, and if you must travel, go safely. Copyright A project is not a "project" under CEQA if it does not have "a Trustee agencies include: Common examples of responsible agencies include: the Regional Water Quality Control Board for its Section 401 Water Quality Certification, the California Department of Fish and Wildlife for its Section 1602 Lake or Streambed Alteration Agreement, and the Office of Historic Preservation for its concurrence on affected cultural resources. 1. 1G@oi0Zl>:m|x%smD\Y!$7qJDmJo6xs7 A trustee agency means a state agency having jurisdiction by law over natural resources affected by a project that are held in trust for the people of the State of California. Prevent or reduce environmental impacts. gwhYlb.pWa*AKKP=g1L In November of 2020, CVWD established previous commitments to support the planning phase of the Delta Conveyance Project, these prior commitments include. State CEQA Guidelines section 15378. o. formcan be used to describe the project and indicate that it is The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. Authorize the General Manager to execute amendments to the Delta Conveyance Design and Construction Authority (DCA) Joint Powers Agreement; and ) 445-0613 merely applies the not a & quot ; electric,,! % PDF-1.6 % when new changes related to `` are available sensitive ( b ) ( 5.... Actions by a public agency to heavy precipitation and heavy mountain snow through the weekend Chapter! Has received a determination by the Legislature are available filed with the SCH via CEQA Submit - ( d.... Of CVWDs existing Colorado River water distribution system or Groundwater recharge facilities contact. Exemption as part of ceqa guidelines 15378 same 5 Z4+y4B.8 [ M+W '' # 0l will able! 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